[Federal Register Volume 87, Number 34 (Friday, February 18, 2022)]
[Notices]
[Pages 9373-9374]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03528]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[Docket No. FWS-R8-ES-2022-N005; FXES11140800000-223-FF08ECAR00]


Endangered and Threatened Species; Receipt of an Incidental Take 
Permit Application and Low-Effect Habitat Conservation Plan for the Big 
Tujunga Dam Project, Los Angeles County Department of Public Works, Los 
Angeles County, CA

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comments.

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SUMMARY: We, the U.S. Fish and Wildlife Service, announce the 
availability of a draft habitat conservation plan (HCP) and draft 
categorical exclusion for activities associated with continued 
operation and maintenance of Big Tujunga Dam and a spillway improvement 
project. Los Angeles County Department of Public Works (applicant) 
developed a draft HCP as part of their application for an incidental 
take permit (ITP) under the Endangered Species Act of 1973, as amended. 
The Los Angeles Department of Water and Power would be a participating 
agency. The Service prepared a draft low-effect screening form and 
environmental action statement in accordance with the National 
Environmental Policy Act (NEPA) to evaluate the potential effects to 
the natural and human environment resulting from issuing an ITP to the 
applicant. We invite public comment on these documents.

DATES: To ensure consideration, please send your written comments on or 
before March 21, 2022.

ADDRESSES: 
    Obtaining Documents: The documents this notice announces, as well 
as any comments and other materials that we receive, will be available 
for public inspection online at https://pw.lacounty.gov/wrd/projects/bigtujunga/.
    Submitting Comments: You may submit comments by email [email protected]">at[email protected]. Please reference Big Tujunga Dam Project in 
the subject line of your email.

FOR FURTHER INFORMATION CONTACT: Jesse Bennett, Fish and Wildlife 
Biologist, Carlsbad Fish and Wildlife Office, via phone at 760-431-9440 
or email [email protected]">at[email protected].

SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service 
(Service), received an application from the Los Angeles County 
Department of Public Works (applicant) for an incidental take permit 
under the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 
1531 et seq.). The applicant has requested take authorization for the 
federally endangered arroyo toad (Anaxyrus californicus), southwestern 
willow flycatcher (Empidonax traillii extimus), and least Bell's vireo 
(Vireo bellii pusillus); the federally threatened Santa Ana sucker 
(Catostomus santaanae) and western distinct population segment of the 
yellow-billed cuckoo (Coccyzus americanus); and the non-federally 
listed arroyo chub (Gila orcuttii), Santa Ana speckled dace 
(Rhinichthys osculus), and southwestern pond turtle (Actinemys 
pallida), incidental to activities associated with the continued 
operation and maintenance of Big Tujunga Dam in Los Angeles County, 
California, and a

[[Page 9374]]

spillway improvement project. The Service prepared a draft low-effect 
screening form and environmental action statement in accordance with 
the National Environmental Policy Act of 1969 (NEPA; 42 U.S.C. 4321 et 
seq.) to evaluate the potential effects to the natural and human 
environment resulting from issuing an ITP to the applicant. We invite 
public comment on these documents.

Background

    The Service listed the arroyo toad as endangered on December 16, 
1994 (59 FR 64859), and published a revised final rule designating 
critical habitat on February 7, 2001 (66 FR 9414). The Service listed 
the southwestern willow flycatcher as endangered on February 27, 1995 
(60 FR 10695), and published a revised final rule designating critical 
habitat on January 3, 2013 (78 FR 344534). The Service listed the least 
Bell's vireo as endangered on May 2, 1986 (51 FR 16474), and published 
a final rule designating critical habitat on February 2, 1994 (59 FR 
4845). The Service listed the Santa Ana sucker as threatened on April 
12, 2000 (65 FR 19686), and published a revised final rule designating 
critical habitat on December 14, 2010 (75 FR 77962). The Service listed 
the yellow-billed cuckoo as threatened on October 3, 2014 (79 FR 
59992), and published a final rule designating critical habitat on 
April 21, 2021 (86 FR 20798).
    Section 9 of the ESA prohibits take of fish and wildlife species 
listed as endangered (16 U.S.C. 1538). Under the ESA, ``take'' is 
defined to include the following activities: ``to harass, harm, pursue, 
hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to 
engage in any such conduct'' (16 U.S.C. 1532). Section 4(d) of the ESA 
allows the Secretary to extend protections for endangered species to 
those listed as threatened. Under section 10(a)(1)(B) of the ESA (16 
U.S.C. 1539(a)(1)(B)), we may issue permits to authorize take of listed 
fish and wildlife species that is incidental to, and not the purpose 
of, carrying out an otherwise lawful activity. Regulations governing 
incidental take permits for endangered and threatened species are in 
the Code of Federal Regulations (CFR) at 50 CFR 17.22 and 17.32. 
Issuance of an ITP also must not be likely to jeopardize the continued 
existence of federally listed fish, wildlife, or plant species, 
pursuant to section 7 of the ESA and 50 CFR part 402. The permittee 
would receive assurances under our ``No Surprises'' regulations (50 CFR 
17.22(b)(5) and 17.32(b)(5)).

Project

    Big Tujunga Dam is a 244-foot high dam located on Big Tujunga River 
in the Angeles National Forest, Los Angeles County, California. The 
applicant requests a 30-year incidental take permit for operation and 
maintenance of Big Tujunga Dam, which regulates stream flows in the Big 
Tujunga River from Big Tujunga Dam downstream to Hansen Dam, a distance 
of approximately 14 miles. The incidental take permit would also 
address a spillway improvement project at Big Tujunga Dam.
    The applicant proposes to mitigate or minimize impacts through 
ramping of water conservation releases during the spawning season of 
fish, providing up to 1,500 acre-feet of water in supplemental flows 
during the dry season, monitoring and adaptive management to benefit 
covered species, funding of nonnative species removal or other recovery 
measures, and best management practices. The proposed plan also allows 
for the potential translocation of Santa Ana sucker upstream of Big 
Tujunga Dam to expand the range of this species.

Our Preliminary Determination

    The Service has made a preliminary determination that issuance of 
the ITP and implementation of the project is not a major Federal action 
that will significantly affect the quality of the human environment 
within the meaning of section 102(2)(C) of the National Environmental 
Policy Act (NEPA; 42 U.S.C. 4321 et seq.). Moreover, issuance of the 
ITP and implementation of the project individually and cumulatively 
will not have more than a minor or negligible effect on federally 
listed or covered species and the environment. Therefore, we have 
preliminarily concluded that the ITP for this project would qualify for 
categorical exclusion as provided by our NEPA regulations at 43 CFR 
46.205 and 46.215.

Next Steps

    We will evaluate the proposed HCP and any comments received to 
determine whether to issue the requested permit. We will also conduct 
an intra-Service consultation pursuant to section 7 of the ESA to 
evaluate the effects of our proposed action. After considering the 
above findings, we will determine whether the permit issuance criteria 
of section 10(a)(1)(B) of the ESA have been met. If the criteria are 
met, we will issue the permit to the applicant for incidental take.

Public Availability of Comments

    Before including your address, phone number, email address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you may 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

Authority

    We provide this notice under section 10(c) of the ESA (16 U.S.C. 
1539 et seq.) and NEPA regulations (40 CFR 1506.6).

Kristine Petersen,
Acting Field Supervisor, Carlsbad Fish and Wildlife Office, Carlsbad, 
California.
[FR Doc. 2022-03528 Filed 2-17-22; 8:45 am]
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